what to say to a lawyer for disability

If you have an attorney, he or she should either practice the questions with you or provide you with a copy of the questions you are likely to face well before the hearing date so that you can familiarize yourself with them. Be Specific About Your Symptoms and Limitations Specific answers give an ALJ a clear picture of your impairment.

Full Answer

How can a Social Security disability lawyer help my application?

Apr 11, 2022 · This will not help your claim, to say the least. Be honest about your disability and how it impacts your life. You do not have to be immobile and bedridden to receive disability. That is not the standard for qualifying for disability benefits. Just as exaggerating your symptoms can be problematic, so too can underplaying your symptoms.

What should I say at my Social Security disability hearing?

Aug 26, 2014 · I try to always tell my clients to be truthful yet realistic about what they can or cannot do. In my experience, credibility is especially important for my clients whose disabilities cannot be diagnosed with objective testing, like mental illness, fibromyalgia, or migraines. Most judges will ask you about your activities of daily living.

When should I call a disability attorney?

Here are a couple general areas or statements to avoid unless you are specifically questioned about them. You have family members who are receiving disability or unemployment benefits. You have a criminal history. You have problems with drugs or alcohol. You haven't followed your doctor's orders or treatment plans.

How do you write a letter of Appeal for disability?

On the initial application, your lawyer can offer advice on your "alleged onset date" of disability, argue that your condition meets one of the listed impairments in Social Security's "blue book," and help you focus on the facts that will be most persuasive to Social Security. At the reconsideration and hearing levels (the first and second level of appeal in most states), your lawyer can collect …

What should you not say when applying for disability?

Do not say things like, “I want to work” or “If I could work, I would.” By saying such statements, a judge may get the picture that you could possibly work. The point is that there are some people with extreme disabilities who do work but this is not the point that you should be making at your hearing.

What are the chances of getting approved for disability?

On average, 35% of claimants get approved on the first application, 10% get approved if they appeal a denial of their application which is called a reconsideration, and approximately 50% get approved during an Administrative Law Judge hearing.

How do I answer a disability question?

Tips When Answering Disability Judge QuestionsBe direct and concise. ... Be Honest – Even if you think your answer might harm your case. ... If you don't understand a question, ask for it to be repeated. ... Be prepared. ... Contemplate your answers to key questions.

What is the most a disability lawyer can charge?

$6,000First, the basics: Federal law generally limits the fees charged by Social Security disability attorneys to 25% of your backpay, or $6,000, whichever is lower. Back payments are benefits that accrued while you were waiting for Social Security to approve your case.

What is the most approved disability?

Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.Dec 16, 2021

How can I increase my chances of getting disability?

Tips to Improve Your Chances of Getting Disability BenefitsFile Your Claim as Soon as Possible. ... Make an Appeal within 60 Days. ... Provide Full Details of Medical Treatment. ... Provide Proof of Recent Treatment. ... Report your Symptoms Accurately. ... Provide Medical Evidence. ... Provide Details of your Work History.More items...•Oct 20, 2019

What should I say in a disability interview?

What Type of Questions Will Be Asked at Your Disability Interview?When did your condition become disabling?What is the contact information for your doctors?What are the dates of the visits to your doctors?What are the names of medications that you are currently taking?What medical tests have you undergone?Feb 26, 2021

What does a disabled person do all day?

ADLs are important for many different impairments, and are especially important with mental disorders. ADLs include things like shopping, cooking, getting around (either by public transportation or by driving yourself), cooking, paying bills, being able to take care of your personal hygiene, and so on.

Is chronic pain a disability?

The SSA does not consider chronic pain to be a disability, so there is no listing for it in the SSA's Blue Book. Chronic pain, even if it is severe and disabling, does not qualify unless you can prove it is caused by a verifiable condition that lasts for at least 12 months.Sep 11, 2018

How far does SSI back pay go?

Retroactive benefits might go back to the date you first suffered a disability—or up to a year before the day you applied for benefits. For SSI, back pay goes back to the date of your original application for benefits.

What is the monthly amount for Social Security disability?

Social Security disability payments are modest At the beginning of 2019, Social Security paid an average monthly disability benefit of about $1,234 to all disabled workers.

How do I check my disability back pay?

Call the national Social Security Administration's toll-free number, 1-800-772-1213, to receive information about your retroactive payment. The line is open 24 hours a day for you to find out your claim status and if your back payment has been processed.

Format of Disability Appeal Letter

If you do attach a disability appeal letter, you should include at the top: 1. Name of Claimant: [type your name here], and 2. Claimant Claim Numbe...

Read Your Decision Notice

The first thing you should do when you are getting ready to write an appeal letter is carefully read the notice you received from the SSA that deni...

Point Out Missing Medical Information

When you are writing your appeal letter that you will attach to the appropriate SSA forms, look at the information listed above and see if anything...

Describe Any Mistakes in The Rationale

While you are reviewing the explanation (rationale), note any missing parts, whether those parts include specific medical records, inaccurate descr...

Following The Instructions to Appeal

When you receive the decision notice that the SSA has denied your claim or is lowering your payment amount, along with the explanation of determina...

When you think you won't be able to work for a long time, have a free consultation with a disability lawyer

When you think you won't be able to work for a long time, have a free consultation with a disability lawyer.

Why Hire a Disability Attorney?

The most important reason to hire an attorney to help with your disability case is that your chances of being approved are significantly increased.

When Should I Call a Lawyer?

The general rule is "the earlier, the better." If you're even considering filing for disability, you should call a disability attorney for a free consultation. Your attorney can help you evaluate the strength of your case and assist you with your initial application.

What to do if you disagree with an ALJ?

If you disagree with the ALJ's decision, you can appeal to the Appeals Council, and finally, if you disagree with the Appeals Council decision, you can appeal to a federal court. Although the SSA requires you to fill out certain specific forms when you appeal a decision, those forms include a space for you to explain why you think ...

What to do when you are reviewing a rationale?

While you are reviewing the explanation (rationale), note any missing parts, whether those parts include specific medical records, inaccurate descriptions of your medical condition, or a mistake in your education or work history. Point out all of the missing or incorrect information, and submit any statements, records, or other information that makes your claim stronger. Depending on your situation and what information was contained in your explanation of determination, you may want to submit:

What is a disability hearing?

A Social Security disability hearing is your chance to show the judge how your disability affects your daily life and why you are no longer able to work. It is extremely important to be truthful about your daily habits and your disability. If you say the wrong thing or if your statements don’t match your medical records you will lose ...

What to do if a judge catches you in a lie?

The best thing you can do in this situation is to tell the absolute truth. If a judge catches you in a lie then you can bet your case will be denied. Talk with your attorney before the hearing about how to handle the situation and you should be fine.

What happens if you don't follow prescribed treatment?

A judge will take that statement and argue that if you had followed the prescribed treatment then you would not be disabled.

How many hours can you work if you are disabled?

Your disability must specifically make you unable to perform your usual job duties regularly for 40 hours a week. This is one of the trickier disability secrets, since some jobs are easier to do than others once you’re disabled.

How long do you have to be out of work to get SSDI?

1. Ideally, you should have already been out of work for five months or more when you apply for SSDI. If you work up until the day you submit your disability benefits application, the SSA will almost certainly reject it.

Can you work full time if you are disabled?

That’s because you must prove that you cannot work directly as a result of your disability to qualify for benefits. In some cases, you can show that it was difficult to work full-time because of your disability.

Can I receive Social Security and SSDI at the same time?

Here’s one of the little-known disability secrets: You cannot receive SSDI and Social Security retirement checks at the same time.

What age do you have to be to get SSDI?

(According to the SSA, that usually means you haven’t turned 65, 66 or 67 yet, depending on your birth year.)

Can I get SSDI if I can't work?

Disability Secrets for Getting Your SSDI Benefits Claim Approved. Getting approved for disability benefits isn’t easy, especially if your condition isn’t visibly severe or terminal. But if your disability makes you unable to work, you can apply for benefits through the federal government’s SSDI program.

What can a disability advocate do?

A disability advocate can provide you with pre-hearing preparation, which will help you avoid answering the judge's questions in a way that may hurt your case and can allay any fears you may have . Additionally and, perhaps, more importantly, a disability representative can answer many of the judge's questions that arise at a disability hearing. ...

How long should you answer questions at a disability hearing?

But since most hearings will normally be concluded under an hour (some hearings can actually be as short as 15 minutes), you can count on not having to answer questions for an extended time period. (Read about what happens at a disability hearing .)

What are some bad facts about medical records?

Medical records sometimes contain "bad" facts. "Bad" facts can hurt your case if they are not handled properly. For example, one common problem with people who suffer from chronic pain is over-reliance on pain medication. In these cases, medical records may state that the claimant suffers from narcotic dependency or is suspected of abusing pain medication. Here, the worst thing a claimant can do is to deny the problem or try to blame the medical provider. The best answer is the truthful one—for example, that there was a problem with pain medication and you are receiving (or plan to get) treatment for the dependency, or that you switched or reduced medications to minimize the possibility of addiction. (For more information on how prescription drug use can affect your claim, see our article on whether you can get disability if you are suspected of drug overuse .)

How long can you sit without pain?

For example, if the ALJ asks you how long you can sit, don't say "for just a little while," state "30 minutes," or "one hour," or however long it is you can sit without pain. If the ALJ asks whether you can drive and you are in fact able to drive short distances (for example, ...

How to answer an ALJ's question?

Be Honest and Don't Exaggerate. The most important way to answer an ALJ's question is with honesty. Some claimants feel that if they make their symptoms sound worse than they really are, they will have a better chance at winning their claim. However, exaggerating your disability usually has the opposite affect.

What does an ALJ do?

However, it is important to remember that ALJs hear hundreds of testimonies a year from disability claimants with every imaginable disability, and that the ALJ's only role is to decide whether you meet the Social Security Administration's definition of disability.

It's more important to focus on saying as much as you can about your disability

What an individual filing for disability should worry about is what they should say while filling out their disability paperwork, rather than what they should not say. The outcome of many disability claims depends upon how well an individual's disability paperwork is completed.

Be Detailed About Your Symptoms and Limitations

You should be forthcoming about your medical and/or mental conditions and how they affect your life. As a former disability claims examiner, I find that many individuals tend to underestimate the effect that their impairments have had upon their lives.

Be Detailed About the Requirements of Your Past Work

The disability examiner handling your claim may ask you to fill out additional paperwork, such as a work history questionnaire. Make sure you give a detailed accounting of all of your work duties for each type of work that you stayed at for more than three months.

The Importance of Your Work History

Why are details about your past work important? The majority of Social Security disability approvals are " medical-vocational allowances ," which are decisions that take into account a disability applicant's work history, education, age, and medical impairments. Your past work figures heavily into this equation.